to exist in this case. This he did not do, and it was error to hold that he could, at a stockholders’ meeting, exercise any control over the stock or over Faulkner, who held it. The judgment of the district court is reversed, and that court is directed to render judgment, setting aside as illegal, the election of A. W. Edwards, H. C. Plumley, M. R. Flint, Alexander Griggs, and William A. Stevens, as directors, and ordering a new election to be had as required by the statute. The old directors will hold their office until their successors are elected and qualified. § 2924, Compiled Laws. It will be so ordered. All concur.
William Bralithwaite, Plaintiff and Respondent, v. Henry C. Aikin and Harvey Harris as Administrator, etc., Defendants. Thomas C. Power and John W. Power, Defendants and Appellants, and William Rea and George F. Robinson, copartners, etc., J. C. Kay and Woodruff McKnight, copartners, etc., A. W. Cadman and Joseph McC. Biggert, Intervenors and Respondents.
1. Contract of Affreightment.
The master of a vessel agreed for 9 stipulated price to transport goods from Bismarck, Dak. to Ft. Buford, Mont. The closing of navigation interrupted his voyage. A few days afterwards consignee forcibly took the goods from him. Held, that the master, being able and willing to complete the transportation to earn his freight, could recover full freight.
2. Same; Time of Delivery.
No time of delivery being specified in the contract of affreightment, held, further, that the master could rightfully have held the goods until the opening of navigation, that he might earn his freight by completing the transportation.
3. Same; Suit by Trustee of Express Trust.
Held, that plaintiff might sue upon the contract of affreightment set forth in the opinion as the trustee of an express trust, under § 4872, Compiled Laws.
4. Partnership; Partners as to Third Parties.
The owners of three steamers operated them jointly for their own benefit, under the name "Benton Line." Held, that they were all liable as partners or joint traders on a contract of affreightment made by
